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Police mistakes you can use to boost your DUI defense

On Behalf of | May 9, 2024 | Firm News

Driving under the influence is a serious offense with sweeping consequences that can significantly impact your life. The severity of this charge underscores the importance of understanding your rights and your options for mounting a criminal defense if you find yourself facing drunk driving allegations.  

The process, which begins with a traffic stop and culminating in an arrest, involves strict legal protocols that police officers must follow. This adherence safeguards your constitutional rights and maintains the criminal justice system’s integrity. However, police officers can sometimes commit errors during this procedure which may benefit anyone facing DUI charges.  

Improper stop

The first step in any DUI traffic stop is the officer’s decision to pull a driver over. This decision cannot be arbitrary and requires reasonable suspicion that the driver has violated a law. This may include observing erratic driving behaviors, such as swerving, speeding or running a red light. If an officer stops a vehicle without a legitimate reason, any evidence gathered during the stop could be challenged.  

The lack of reasonable suspicion or probable cause during a traffic stop is one of the most common defense strategies attorneys use in DUI cases.  

Improper administration of field sobriety and chemical tests

During a DUI stop, officers typically administer field sobriety and chemical tests to evaluate a driver’s impairment. A DUI arrest may be deemed invalid if it was based on an improperly conducted field sobriety test or inaccurate results. Defense attorneys often challenge the outcomes of the horizontal gaze nystagmus test, which detects eye movements frequently associated with intoxication.  

Recognizing and understanding the occurrence of common errors in DUI arrests can empower anyone faced with a drunk driving charge to seek a fair evaluation. Therefore, it is essential to employ the help of a DUI attorney, who can closely examine the details of the arrest, identify potential mistakes committed by law enforcement and establish a strong defense.